privileges

Question 1

AC privilege

Answer 1

1) relationship– believes he has a relationship
2) client holds the privilege
3) communication has to be confidential

think of where you are saying it and privacy

Question 2

work productivity

Answer 2

privileged work that attorney is doing for the case

Question 3

ac privilege lasts

Answer 3

forever. it can be waived voluntarily

exception: if you go for advice to commit a crime, it is not privileged

if you already did it, then it is privileged

dispute between lawyer and client is privileged

Question 4

doctor patient

Answer 4

treatment of diagnosis– has to be about why you are being treated right now

other people can be present as long to assist or help the doctor or patient; mom included

Question 5

exceptions

Answer 5

patient puts condition at issue or sue the doctor

Question 6

spousal communication privilege

Answer 6

pillow talk– protected

criminal or civil; must be legally married and survives divorce; either spouse can refuse to disclose or prevent the other one

both spouses must waive it together

Question 7

testimonial privilege

Answer 7

1) criminal case
2) couple must be married at time of trial– said or before during the marriage, but ends at divorce
3) witness spouse holds the witness

exception:
1) No privilege about future crime
2) spousal or child abuse

Question 8

judicial notice

Answer 8

judge can take judicial notice about evidence not subject to a dispute

no reason to put on more evidence

Question 9

judge may take judicial notice

Answer 9

on his own

Question 10

must take judicial notice if

Answer 10

requested by party

Question 11

must take judicial notice of

Answer 11

federal or state law

Question 12

may take judicial

Answer 12

on foreign

Question 13

how is judge gonna instruct the jury

Answer 13

civil case- just must accept that fact as conclusive

criminal- may

Question 14

subsequent remedial measure

Answer 14

i fix something; not admissable to show negligence

violates public policy

exception: admissible to show ownership and or control

Question 15

liability insurance

Answer 15

not admissable to show negligence; can come in to show a bias

Question 16

offer to settle

Answer 16

not admissible;

1) we need a dispute– lawsuit or conflict
2) offer to compromise or settle and an admission- whole statement is inadmissible

Question 17

offer to pay medical expenses

Answer 17

not admissible– but if i say it coupled with admission you can sever it

Question 18

plea statements or negotiations

Answer 18

not admissable

Question 19

guilty plea later withdrew

Answer 19

not admissable if made during the negotiations but admissable if coupled with another admissable statement and it would be fair

Question 20

past sexual conduct of victim

Answer 20

not admissable to show behavior or past

exception: criminal case- if shows to consent, protects constitional rights, or someone other than the defendant

civil case: if it passes the prejudicial test